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Most liberal democracies consider that it is necessary to provide some level of legal aid to persons otherwise unable to afford legal representation. The term "liberal" in "liberal democracy" does not imply that the government of such a democracy must follow the political ideology of To fail to do so would deprive such persons of access to the court system. Alternately, they would be at a disadvantage in situations in which the state or a wealthy individual took them to court. A state is a political association with effective Sovereignty over a geographic Area and representing a Population. This would violate the principles of equality before the law and due process under the rule of law. " Equal consideration of interests " is the name of a moral principle that states that one should both include all affected interests when calculating the rightness of an action Due process (more fully due process of law) is the principle that a person has a right to receive notice and be heard in an orderly proceeding in order to protect his or her The rule of law, in its most basic form is the principle that no one is above the law

A number of delivery models for legal aid have emerged. In a "staff attorney" model, lawyers are employed on salary solely to provide legal assistance to qualifying low-income clients, similar to staff doctors in a public hospital. A lawyer, according to Black's Law Dictionary, is "a person learned in the law as an attorney, Counsel or Solicitor; a person In a "judicare" model, private lawyers and law firms are paid to handle cases from eligible clients alongside cases from fee-paying clients, much like doctors are paid to handle Medicare patients in the U. A law firm is a business entity formed by one or more Lawyers to engage in the practice of law This article refers to Medicare, a United States health insurance program S. [1] The "community legal clinic" model comprises non-profit clinics serving a particular community through a broad range of legal services (e. g. representation, education, law reform) and provided by both lawyers and non-lawyers, similar to community health clinics.

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Legal aid in the U. S.

In a series of cases, the US Supreme Court has ruled that American indigents do have a right to counsel, but only in criminal cases. The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. See Gideon v. Wainwright. Gideon v Wainwright,, is a landmark case in United States Supreme Court history A few states (like California) also guarantee the right to counsel in "quasi-criminal" cases like paternity actions and involuntary terminations of parental rights. The federal government and some states have offices of public defenders who assist indigent defendants, while other states have systems for outsourcing the work to private lawyers. The federal government of the United States is the central United States Governmental body established by the United States Constitution. In the United States, a public defender is an Attorney whose duty is to provide legal representation to people who are charged with a crime or other offense

Meanwhile, legal aid for civil cases is currently provided by a diverse hodgepodge of public interest law firms and community legal clinics, who often have "legal aid" or "legal services" in their names. A law firm is a business entity formed by one or more Lawyers to engage in the practice of law Such firms may impose income and resource ceilings as well as restrictions on the types of cases they will take, because there are always too many potential clients and not enough money to go around. Income, refers to consumption opportunity gained by an entity within a specified time frame which is generally expressed in monetary terms Consumers refers to individuals or households that use goods and services generated within the economy. Common types of cases include: denial or deprivation of government benefits, evictions, domestic violence, immigration status, and discrimination. Eviction is the removal of a Tenant from rental property by the Landlord. Domestic violence (also known as domestic abuse or spousal abuse) occurs when a family member partner or ex-partner attempts to physically or psychologically dominate Immigration refers to the movement of people among countries While the movement of people has existed throughout human history at various levels modern immigration implies long-term Unlike most discrimination policies discrimination between, which is the discernment of qualities and recognition of the differences focused here discrimination against is Some legal aid organizations serve as outside counsel to small nonprofit organizations that lack in-house counsel. A non-profit organization ( abbreviated "NPO" also "not-for-profit" is a legally constituted Organization whose objective is to support or engage Funding usually comes from charities, private donors, the federal government (see below on LSC) and some local and state governments. The definition of charitable organization, and of charity varies according to the country and in some instances the region of the country in which the charitable organization operates Most typical legal aid work involves counseling, informal negotiation, and appearances in administrative hearings, as opposed to formal litigation in the courts. For Wikipedia's negotiation policy see WikipediaNegotiation. For other uses see Negotiation (disambiguation. In law a lawsuit is a civil action brought before a Court in which the party commencing the action the Plaintiff, seeks a legal or equitable remedy However, the discovery of severe or recurring injustice with a large number of victims will sometimes justify the cost of large-scale impact litigation. Education and law reform activities are also sometimes undertaken.

In 1974, Congress created the highly controversial Legal Services Corporation to provide federal funding for legal aid services. The United States Congress is the bicameral Legislature of the federal government of the United States of America, consisting of two houses The Legal Services Corporation (LSC is a private Non-profit corporation established by the United States Congress to seek to ensure equal access to justice under LSC's funding has fluctuated dramatically over the past three decades depending upon which political parties were in control of Congress and the White House. A political party is a Political organization that seeks to attain and maintain political power within Government, usually by participating in electoral For example, LSC suffered staggering funding cuts under former President Ronald Reagan in the early 1980s.

Legal aid organizations that take LSC money tend to have more staff and services and can help more clients, but must also conform to strict government regulations that require careful timekeeping and prohibit lobbying and class actions. Lobbying includes all attempts to influence Legislators and officials whether by other legislators constituents or organized groups In Law, a class action or a representative action is a form of Lawsuit where a large group of people collectively bring a claim to court Many legal aid organizations refuse to take LSC money, and can continue to file class actions and directly lobby legislatures on behalf of the poor.

However, even with supplemental funding from LSC, the total amount of legal aid available for civil cases is still grossly inadequate. According to LSC's widely released 2005 report "Documenting the Justice Gap in America: The Current Unmet Civil Legal Needs of Low-Income Americans", all legal aid offices nationwide, LSC-funded or not, are together able to meet only about 20 percent of the estimated legal needs of low-income people in the United States. The United States of America —commonly referred to as the [2]

The problem of chronic underfunding of legal aid traps the lower middle class in a catch-22: too rich to qualify for legal aid, too poor to pay an attorney in private practice. Catch-22 is a term coined by Joseph Heller in his novel Catch-22, describing a False dilemma in a rule regulation procedure or situation To remedy the ongoing shortage of legal aid services, some commentators have suggested that mandatory pro bono obligations ought to be imposed on all lawyers, just as physicians working in emergency rooms are required to treat all patients regardless of ability to pay. Pro bono publico (usually shortened to pro bono) is a Phrase derived from Latin meaning "for the public good A physician, medical practitioner or medical doctor who practices Medicine, and is concerned with maintaining or restoring human Health [3] However, all such proposals have been successfully fought off by bar associations. A bar association is a Professional body of Lawyers Some bar associations are responsible for the regulation of the legal profession in their Jurisdiction

Legal aid programs for the poor are generally opposed by conservatives in the U. S. , and supported by liberals and moderates. Fiscal conservatives argue that if asked to select between $500 in cash and $500 in legal services, most poor persons would take the cash. Social conservatives argue that legal aid programs serve only a very limited, left-wing version of the public interest. Social conservatism is a political or moral ideology that affirms the government's role in encouraging or enforcing traditional values or behaviors in the belief that these are what The liberal counterargument is that from a moral or philosophical perspective, legal aid preserves the ideal of "equal access for all" to the judicial system. A rather Machiavellian argument is that legal aid upholds the rule of law and stabilizes society as a whole, by enabling the poor to regularly seek redress of their grievances through formal legal processes; otherwise, it is likely that the poor will resort to highly destructive self-help measures like rioting. Self-help or self-improvement refers to self-guided improvement—economically intellectually or emotionally—most frequently with a substantial psychological or spiritual Riots are a form of Civil disorders characterized by disorganized groups lashing out in a sudden and intense rash of Violence, Vandalism or other

Legal aid in Scotland

In Scotland, legal aid is in principle available for all civil actions in the Court of Session and Sheriff Court with the significant exception of actions of defamation. The Court of Session is the supreme civil court of Scotland. It is both a Court of first instance and a court of Appeal and sits exclusively Sheriff courts provide the local Court service in Scotland, with each court serving a sheriff court district within a Sheriffdom. It is also available for some statutory tribunals, such as the Immigration Appeal Adjudicator and the Social Security Commissioners. There is a separate system of criminal legal aid, and legal aid is also available for legal advice.

Legal aid is means-tested, and in practice only available to less than one-quarter of the population. It is administered by the Scottish Legal Aid Board. Legal Aid in Scotland is also available in Criminal Cases, where more than 90% of Summary applications are granted. An Interests of Justice test is applied, as well as a means test. In Solemn case (Jury Trials) The Court assesses Legal Aid.

Legal aid in England and Wales

In England and Wales, legal aid is administered by the Legal Services Commission, and is available for most criminal cases, and many types of civil cases with exceptions including libel, most personal injury cases (which are now dealt with under Conditional Fee Agreements, a species of contingency fee) and cases associated with the running of a business. The Legal Services Commission (LSC is an executive non-departmental public body that is responsible for the operational administration of Legal aid in England Family cases are also often covered. Depending on the type of case, legal aid may or may not be means tested.

Although the European Courts have recently ruled that a lack of legal-aid-libel may be a breach of the right to a fair trial (following the McLibel case), it is still unclear how this will affect UK libel trials. The McDonald's Restaurants v Morris & Steel, colloquially the McLibel case, was a long-running English court action for Libel

Criminal legal aid is generally provided through private firms of solicitors and barristers in private practice. There are a limited number of public defenders. Civil legal aid is provided through solicitors and barristers in private practice but also non-lawyers working in law centres and not-for-profit advice agencies.

Legal aid in Australia

Australia has a federal system of Government comprising federal, state and territory jurisdictions. For a topic outline on this subject see List of basic Australia topics. The Australian (Commonwealth) and State and Territory governments are each responsible for the provision of legal aid for matters arising under their laws.

Legal aid for both Commonwealth and State matters is primarily delivered through State and Territory legal aid commissions (LACs), which are independent statutory agencies established under State and Territory legislation. The Australian Government funds the provision of legal aid for Commonwealth family, civil and criminal law matters under agreements with State and Territory governments and LACs. This article describes the federal government of Australia See Australian governments for other jurisdictions The majority of Commonwealth matters fall within the family law jurisdiction.

Legal aid commissions use a mixed model to deliver legal representation services. A grant of assistance legal representation may be assigned to either a salaried in house lawyer or referred to a private legal practitioner. The mixed model is particularly advantageous for providing services to clients in regional areas and in cases where a conflict of interest means the same lawyer cannot represent both parties. A conflict of interest is a situation in which someone in a position of trust such as a Lawyer, Insurance adjuster, a Politician, executive or director

The Australian Government and most State and Territory Governments also fund community legal centres, which are independent, non-profit organisations which provide referral, advice and assistance to people with legal problems. Additionally, the Australian Government funds financial assistance for legal services under certain statutory schemes and legal services for Indigenous Australians.

By way of history, the Australian Government took its first major step towards a national system of legal aid when it established the Legal Services Bureaux in 1942. However, there was a move in the late 1970s to service delivery by the States and Territories (not the federal arm of government). In 1977, the Australian Government enacted the Commonwealth Legal Aid Commission Act 1977 (LAC Act) which established cooperative arrangements between the Australian Government and State and Territory governments under which legal aid would be provided by independent legal aid commissions to be established under State and Territory legislation. The process of establishing the LACs took a number of years. It commenced in 1976 with the establishment of the Legal Aid Commission of Western Australia and ended in 1990 with the establishment of the Legal Aid Commission of Tasmania. Western Australia is a state occupying the entire western third of the Australian continent. Tasmania is an Australian island and state of the same name It is located south of the eastern side of the Continent, being separated from it by Bass The cooperative arrangements that were established by the LAC Act provided for Commonwealth and State and Territory legal aid funding agreements, which began in 1987.

In July 1997, the Australian Government changed its arrangements to directly fund legal aid services for Commonwealth law matters. Under this arrangement the States and Territories fund assistance in respect of their own laws.

Legal aid in Ontario, Canada

Legal aid in Ontario is administered by Legal Aid Ontario (LAO). The LAO provides funding to more than one million Ontario residents who need help with their legal problems. Legal Aid is available to low income individuals and disadvantaged communities for a variety of legal problems, including criminal matters, family disputes, immigration and refugee hearings and poverty law issues such as basic employment rights, worker's compensation, landlord/tenant disputes, disability support and family benefits payments.

Legal Aid in Ontario is provided in a number of ways: the largest is a legal aid certificate program. The program provides low income people with certificates for a set number of hours of service to be provided by a private lawyer (i. e. a 'judicare' model). When the lawyer has completed their work, they bill Legal Aid Ontario for the services they provided. The certificate system is limited by the fact that many lawyers do not accept certificates because the hourly rates are too low. Lawyers are also wary of accepting cases because a certificate may not provide enough hours for the lawyer to provide adequate representation.

Ontario also has a community legal clinic system. Ontario’s 79 Community legal clinics are staffed by lawyers, community legal workers, and sometimes other professionals or law students. Each legal clinic is run by a volunteer board of directors with members from the community. Legal clinics provide information, representation, and advice on various kinds of legal issues, including social assistance, housing, refugee and immigration law, employment law, human rights, workers’ compensation, and the Canada Pension Plan. Many legal clinics also produce community legal education materials, offer workshops and information sessions, and engage in other community development activities including campaigns to change the law. Specialty legal clinics serve a particular community or focus on a specific area of law. Unlike general service legal clinics, most specialty legal clinics are not limited to serving a particular geographic area.

The clinic system is seen by many to be a preferred model of legal aid delivery. Services are provided at the community level and clients therefore benefit from the agency's connections to other services, e. g. health care. Legal problems are seen in their social context and issues of broader societal concern can be identified by clients and staff. The model is also financially beneficial in that resources are invested in the development of long term stable service located in and informed by the communities they serve. This way, resources can be devoted to legal work that is most beneficial to the community.

Ontario also provides immediate legal aid service to those appearing in court via duty counsel. Duty counsel are salaried lawyers who will represent low income people in criminal or family court. There is also a duty counsel program which provides representation to low income tenants appearing before the Ontario Rental Housing Tribunal.

Funding for Legal Aid in Ontario has been frozen for many years. While the Ontario Liberal Government recently announced a 19 million increase in funding over the next three years, this will do little to remedy the serious and chronic underfunding of the system.

The lack of funding means that legal aid lawyers are paid half as much as other government funded lawyers and must do their work with a severe lack of resources. The result is that many new lawyers with massive student debt cannot consider legal aid careers, other lawyers leave the system frustrated at the lack of recognition for their work, and those hiring new lawyers in the system find it hard to find well qualified lawyers who will even consider taking legal aid jobs. This undermines the system's quality of service and sustainability.

There is currently significant pressure on the Ontario Government to increase funding to the Legal Aid system to ensure that the quality of service remains high and the program as a whole is sustainable.

References

  1. ^ Alan W. Houseman & Linda E. Perle, Securing Equal Justice for All: A Brief History of Civil Legal Assistance in the United States, pages 10 and 29. Center for Law and Social Policy, November 2003.
  2. ^ Helaine M. Barnett, President, Documenting the Justice Gap in America: The Current Unmet Civil Legal Needs of Low-Income Americans, pages 4 and 9. Legal Services Corporation, September 2005.
  3. ^ Helynn Stephens, "Price of pro bono representations: examining lawyers' duties and responsibilities: for many reasons lawyers owe a duty to provide legal services to those who can't afford them, and the mandatory pro bono model is best for that goal," Defense Counsel Journal 71, no. 1 (January 2004): 7179.

See also Community Legal Education Ontario (CLEO) publication entitled "Getting legal help: Community Legal Clinics in Ontario" at [1].

See also

External links

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